What is the liability of the observer which was invited by the procuring entity and later found out that he is involved in the competitive bidding as a bidder. This was happened when he was acknowledge and recognized as a observer in a pre bid conference and even during the start of bidding he was also acknowledge, it was only found out in the opening of bids that one of the bidder he was the proprietor. He reacted that he did not signed any confirmation when the procuring agency sent him letter asking to be observer in the bidding procedures.Is he be ground for Agency blacklisted?Thank you

Mike wrote:What is the liability of the observer which was invited by the procuring entity and later found out that he is involved in the competitive bidding as a bidder. This was happened when he was acknowledge and recognized as a observer in a pre bid conference and even during the start of bidding he was also acknowledge, it was only found out in the opening of bids that one of the bidder he was the proprietor. He reacted that he did not signed any confirmation when the procuring agency sent him letter asking to be observer in the bidding procedures.Is he be ground for Agency blacklisted?Thank you

Do you have proofs that he received invitation as an Observer? Is the bidder a technical or an NGO observer?

Suspension and blacklisting is still based on due process, so learn the facts before you proceed with any action.

engrjhez®

Grand Master

Number of posts : 2481Age : 39Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPSRegistration date : 2008-10-31

As per exchanging their reasons the procuring entity send him a letter of invitation to be an observer and even during the pre bid conference he was recognized and before the bid opening also. But as per the bidder supposed to be the observer denied it that he did not conformed the letter of invitation by the procuring entity.Actually it was settled already by that time. I just want to know if there will be liabilities on the part of the observers that to be found he is part of the bidders in a competitive bidding.

Mike wrote:As per exchanging their reasons the procuring entity send him a letter of invitation to be an observer and even during the pre bid conference he was recognized and before the bid opening also. But as per the bidder supposed to be the observer denied it that he did not conformed the letter of invitation by the procuring entity.Actually it was settled already by that time. I just want to know if there will be liabilities on the part of the observers that to be found he is part of the bidders in a competitive bidding.

One of the responsibilities of an Observer is "(T)o immediately inhibit and notify in writing the procuring entity of any actual or potential interest in the contract to be bid" (Sec. 13.4.c of IRR) What the invited observer should have done is to do the same when he received the invitation as a representative of an NGO or private sector group. Confirmation of the letter invitation is not what is being asked of him, but his immediate inhibition and notification in writing to the procuring entity in case of any actual or potential conflict of interest.

His intention of participating in the procurement process as bidder would be an actual conflict of interest, therefore, he should have communicated the matter to the procuring entity prior to his joining in the bidding process. The latest he could have done the same is during the bid opening when he was still acknowledged as an observer.

What you can do is file a written complaint against the said bidder before the BAC which could serve as the basis for his blacklisting, the process for which is already contained in the Uniform Guidelines for Blacklisting.

Northern Ireland’s Graeme McDowell (U.S. Open), South Africa’s Louis Oosthuizen (British Open) and Germany’s Martin Kaymer (PGA Championship) won the endure three majors of the year.Without Woods accustomed the ping g15 ironsbanderole for the PGA Tour, the European Bout is advancing on the border of what could be its new aureate era.Westwood, McDowell, Oosthuizen and Kaymer all helped the European Bout accession its stature.At the alpha of the 2008 season, just two Europeans ranked a allotment of the top 10 in the Official Apple Golf taylormade r7 cgb max ironsRanking, Ireland’s Padraig Harrington and England’s Justin Rose. Today, six of the top 10 barrage from Europe.A new adolescence movement in Europe, Asia and the United States is assertive to accomplish its mark afterwards Woods there to annihilate it.